Agenda item

Change of use from shop (Use Class A1) to mixed use comprising retail, restaurant/cafe and drinking establishment. [Guildhall Ward] [Site Visit]

Members considered a full application from Mr and Mrs Rachel Greaves for the change of use from a shop (use class A1) to mixed use comprising retail, restaurant/cafe and drinking establishment.

Officers advised that condition 8 (extraction and ventilation system) should be amended to refer to details submitted by letter dated 14 December 2012 including Annexe A and that informative 3 should also be amended accordingly to reflect this.

Representations were received from Mrs Erica Hammill in support of the application. She made the following comments:

·         Store has stood empty for a year – not generating any income – needs injection of cash and tender loving care.

·         Proposals embrace historic value of the building and will help to revitalise this corner of York and encourage trade down Fossgate/Walmgate. They will save a much loved and iconic building.

·         Development will deliver economic uplift to York through creation of jobs – using local craftsmen and employing local staff. Local companies will be supported through the supply chain.

Members noted that the retail area would wrap around the corner of the building and would be visible from the pavement. They acknowledged that regenerating the building was a big task but agreed that the proposals would be good for the building and the city as a whole noting that Fossgate/Walmgate have become a niche street for food and eating with a number of small interesting restaurants.

In response to a query regarding the application for listed building consent, officers advised Members that if they wanted it to be considered by the committee, they would need to call it in as per normal procedure.

RESOLVED:             That the application be approved subject to the conditions listed in the report and the amended condition and informative below:

Amended Condition 8

Adequate facilities shall be provided for the treatment and extraction of odours, fumes and gases created by cooking in association with the development, such that there is no adverse impact on the amenities of local residents by reason of fumes, odour or noise.

The extract and ventilation system shall accord with the details submitted by letter dated 14 December 2012 including annexe A and it shall be installed and fully operational before the proposed use first opens and shall be appropriately maintained thereafter.

Any alterations to the system shall be submitted to the local planning authority for approval.

Reason: To protect the living conditions of adjacent residential occupiers and the amenities of local businesses in accordance with Policies S6 and GP1 of the Development Control Local Plan.

Amended Informative 3

It is recommended that the applicant refers to the Defra Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems for further advice on how to comply with this condition.

You are advised that the system proposed would only be appropriate for the level and type of food outlined in your letter dated 14 December 2012.

For the avoidance of doubt any material alterations to the external appearance of the building cannot be approved under this condition and will require a further planning application

REASON:                  The proposal, subject to the conditions listed in the report and the amended condition and informative above, would not cause undue harm to interests of acknowledged importance, with particular reference to the vitality and viability of the city centre; the character and appearance of the Central Historic Core Conservation Area; and the amenity of surrounding residents. As such the proposal complies with Policies GP1, S5, S6, HE3 and HE4 of the City of York Development Control Local Plan ( 2005) and national planning guidance contained in the National Planning Policy Framework (2012).